New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-10
METROPOLITAN TRANSIT COMPANY
JUSTICE DoyoHuE GRANTS ITS APPLICATION TO


JUSTICE DoyoHUE GRANTS ITS APPLICATION TIC
AMEND.
Justice Donohue, In the Supreme Court Chambers
yesterday gave short sharp and decisive affirmative
decision. the spot, the application OF the Mee
/ ropoIItan Transit Company TO amend Its application
for commission to determine what sum 1t should pay
tho city for the OF Broadway for an elevated roa
Justice Donohue had before decided that other rail-
road companies and property-owners had no right 70
appear In tho matter, ii was one which, unr the
company constitutional rights, lay wholly between
and the city. The General Term reversed tho decl
sion, at tho Same tlmo giving the company leave 10
amend It's application in the lower court The oppos
ing interests had alleged before the General Term that
tho company seeking privileges which lntc1ered
with their rights and hence they should DO heard.
Thcreupon the company to obviat toubt on that point
had asked leave to amend it, petition as to get rid
OF any such contingency. Justice Donohue's dcci-
sion, II sustained, as the company says anticipates
gives all it wants and leaves the way open for The
speedy appointment Of q commission to determine the
compensation it must pay the city,
All the railroad lawyers and property-owners'
counsel interested in Broadway were before Justice
Donohuc yesterday on this application Of the Metro
politan Transit Company for leave to amend its peti
ton rel ave to the appointment Of the commission 10
determine what sum, under the laws OF 1872 a. pro-
vded by the companys charter should be PAID TO the
city. A., I'm. a,
the act Of 1872 ha contained no provision on IN, sur
paying anything to the city, as was the case WIN
almost all the railroads before built herr But ths
act said that company must compensate the CITY,
the amount to be determined by commission TINS
Jayment gave the company 10 additional rights; u
brought this proceeding merely to ascertain what it
must The motion to nmrn1 wa Tor nd the bcc nu D1e
cised the petition was not an apphcaloh 10 I'cicrc
WIZ ssltant forroration Counsel Wices for the city,
stated that the city had never fled an answer to
far as tho city was concerne and he simply aoNeu
that the proposed amendments be submitted before an
Fiihu Root wanted the broadway aud seventh
Avenue Railroad and other roads to be made raitns,
charter was void and that the company had delayed
acting fourteen years while other roads had been
0" Julien T. Davies for the Manhattan comrany,
and Messrs. Auerach and Taft for prorety-owncrs.
and the District Railway Company, alHo wanted 10
u.tice Donohnc granted the Metropolitan Transit
ComIany's application on the spot, a. follows:
will dispose OF this In the first place, having been
born lived all life in this city, havea distinct reco
lection that railroad has been laid down unless IN
uticr fraud cordng everybody who opposed 10 OF the
rights everybody except the parties who were interested
IT, There that know Of Dclning that ropre
Brother Davies which has been the most opposed
OF all that has not been asaie upon that
ground In think the publ convenience OF New
York requires roads they avc that oy have
matter OF public convenience and public necessity
nothing in this that would prevent the Court on
ground public policy from allowing the parties what
ever rights they may the premises Now let us see
When this presented me by their charter II
clear that all they could DO all that they were
called and all they could ask the Court to DO WAS TO
takowhatl What stated IN the section oil their CHARTER
Is hardly necessary 10 real H. because mas o'ch ca" ny
counse-auhorze them To do: that i TO pay the city lot
what interest they hal any in the streets that they were
occupy by the de- iSon OF the General Term
wrong and that by the form Of the use The ex
act expression General Term. asst sands that IT, as
the petition stands wrong That while the statute CON
a thing wrong In assuming that that
petition right Now the General Term
decided that aud Of they are right They arc Nv
suporiors anil il for bow - them. The ueaera Term
back here and have stated that thu motion SHAH
be made Now the General Term hal the slightest
iea that Il was not proper grant and that they
would aimed the provided tho petition had
been In the shape statute required 10 BE- they
would have sont u back they would have decided u
spot given tho party tho opportunity To amen